Written Answers

Friday 11 August 2000

Scottish Executive

Lingerbay Quarry

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S1W-5345 by Sarah Boyack on 29 March 2000, when a formal decision on the Lingerbay Quarry planning application will be announced.

Sarah Boyack: I refer the member to my answer of 12 July to question S1W-8666.

Local Government

Alex Fergusson (South of Scotland) (Con): To ask the Scottish Executive whether consents under section 74(2) of the Local Government Scotland Act 1973 or under any other Act are required for the disposal of sundry assets such as home contents and equipment at below fair value.

Mr Frank McAveety: It is for local authorities to decide whether or not they wish to dispose of land or assets, in accordance with any relevant legislation. Where a council is proposing to dispose of land at a consideration less than the best that can reasonably be obtained, they must seek the consent of Scottish Ministers in accordance with section 74(2) of the Local Government Scotland Act 1973. Section 74(2) does not require a local authority to obtain the consent of the Scottish Ministers to the disposal, at less than best price, of assets other than land. When considering any request from a council we judge the proposal against certain criteria, which I have already published in response to a previous written question (S1W-7981).

Local Government

Alex Fergusson (South of Scotland) (Con): To ask the Scottish Executive whether the First Minister’s signature is required on the formal letters giving approval under section 74(2) of the Local Government (Scotland) Act 1973 or whether officials are authorised to sign such letters on his behalf.

Mr Frank McAveety: Under the terms of the Carltona doctrine (derived from the case of Carltona v Commissioner of Works (1948) 2 All ER 560), the acts of a competent official are the acts of the Minister. Therefore, there is no requirement for the letter of consent to be signed by the Minister in person, and it is quite sufficient that a competent official sign it.

Planning

Karen Gillon (Clydesdale) (Lab): To ask the Scottish Executive how it intends to respond to Lord MacFadyen’s judgment in the case of County Properties Ltd against the Scottish Ministers.

Sarah Boyack: We have today intimated our intention to appeal the case.